Heasley v. Workers' Compensation Appeal Board2/12/2002
Submitted: December 14, 2001
OPINION NOT REPORTED
Sherry E. Heasley (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) denial of Claimant's reinstatement petition.
Claimant worked as a cook for Briarcliff Pavilion (Employer), a nursing home. On September 29, 1991, Claimant sustained a work-related injury. Employer issued a notice of compensation payable (NCP) which described Claimant's injury as "strain/pain right shoulder." Claimant received benefits of $218.00 per week based on an average weekly wage of $266.35. The parties entered into a series of supplemental agreements, the last on January 11, 1996, whereby Claimant was working at the same or greater wage and compensation was suspended effective December 12, 1995.
On May 5, 1998, Claimant petitioned to reinstate benefits as of April 28, 1998, and alleged:
I was hurt on September 29, 1991 and disabled on October 1, 1991 and received compensation under several agreements. I returned to work in 1995 under specific job restrictions prescribed by my treating doctor because of injury to my right arm and shoulder. I was able to do my job until February 5, 1998 when employer added additional duties to my work schedule which reduced the time that I had to perform my job. Because of my physical limitations caused by my injured right shoulder and arm, the additional duties made it impossible for me to do my job within the time period allotted, all of which caused me great physical and mental pain and emotional trauma.
I requested my employer to remove the additional duties which were causing me physical and mental problems, however, they refused to do so. My doctor on February 20, 1998 notified employer that I was unable to do the job as modified, however my employer refused to accommodate me.
I have had a mental reaction and emotional breakdown caused by my employer adding the additional duties to my job description and I have been referred by my medical doctor to a psychiatrist at Comprehensive Counseling Center at Westmoreland Hospital in Greensburg, PA, am currently receiving therapy three times a week and I am totally disabled from doing my job since February 20, 1998.
Petition to Reinstate Compensation Benefits, May 5, 1998, at Exhibit "A." Employer denied the allegations.
When Claimant returned to modified work in November 1995, she served as a dining room attendant. Notes of Testimony, July 13, 1998, (N.T.) at 25-26; Reproduced Record (R.R.) at 52a-53a. Claimant testified that in February 1998, her supervisor gave her a new job description. She was assigned additional duties. Claimant also stated that she was subjected to time constraints. N.T. at 27-34; R.R. at 54a-61a. Because the additional duties caused pain, Claimant spoke to her supervisor, however, he advised her to complete the additional duties. N.T. at 36-37; R.R. at 63a-64a.
Claimant also presented the deposition testimony of James W. Millward, M.D. (Dr. Millward), a board-certified psychiatrist. Dr. Millward first saw Claimant on April 20, 1998, took a history, and reviewed records. Dr. Millward opined that Claimant's depression was related to her work-related shoulder injury. Deposition of James W. Millward, M.D., September 10, 1998, at 13; R.R. at 90a.
Employer submitted the deposition testimony of Jack D. Smith, M.D. (Dr. Smith), a board-certified orthopedic surgeon. Dr. Smith examined Claimant on September 18, 1998, and obtained a history. Dr. Smith indicated that Claimant "would be capable of, at a maximum, full-time light work, which entailed 20 po
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